V.K. Shukla, J. - (1.) PRESENT writ petition has been filed by the Petitioner, who is elected Pradhan of Gram Panchayat Achroo Ladhaurda, Block Raya, Tehsil Mahawan, District Mathura, questioning the validity of order dated 17.01.2011 passed by the Prescribed Authority, directing recounting of the ballots in question.
(2.) BRIEF background of the case is that election to the office of Pradhan of Gram Panchayat Achroo Ladhaurda, Block Raya, Tehsil Mahawan, District Mathura took place. In the said election, on the basis of valid votes secured by him, Petitioner was declared elected as Pradhan. Said election of the Petitioner had been subject matter of challenge by way of election petition under Section 12 -C of the U.P. Panchayat Raj Act, 1947 before the Prescribed Authority. Along with the election petition, stay application for restraining the Petitioner from taking oath and not to take charge of the office of Pradhan as well as Application dated 01.11.2010 for summoning of ballots and recounting was also moved. Petitioner filed his objection to the aforesaid said applications contending therein that no such order could be passed. Thereafter, the Prescribed Authority considered the application and has proceeded to pass order directing recounting of the ballots. At this juncture, present writ petition has been filed. On presentation of writ petition, this Court on 21.01.2011 passed following order: The contention raised on behalf of the Petitioner is that without filing of the written statement and without any finding being recorded as to the necessity of a recount, the impugned order has been passed in public interest. Shri Shashi Nandan, learned Senior Counsel submits that in the absence of any evidence whatsoever the order of recount could not have been passed that too even on the bald allegations made by the Respondent No. 3 in the application, a copy whereof is annexure 7 to the writ petition. He submits that the order is unsustainable. Learned Counsel for the Respondent No. 3 prays that the matter be taken up on Monday to enable him to obtain instructions. Put up on Monday i.e. 24.01.2011.
(3.) ON the matter being taken up, Sri K.N. Tripathi, Senior Advocate, assisted by Sri Anshu Chaudhary, Advocate, has contended that requisite instructions have been obtained, and contesting Respondent does not intend to file any counter affidavit, and writ petition may be disposed of on the basis of pleadings available on record.;